Texas 2023 - 88th Regular

Texas House Bill HB3317 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19381 MPF-F
2	2	By: Frank, et al. H.B. No. 3317
3	3	Substitute the following for H.B. No. 3317:
4	4	By: Howard C.S.H.B. No. 3317
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to programs established and operated by federally
10	10	qualified health centers to provide primary care access to certain
11	11	employees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 2, Health and Safety Code, is
14	14	amended by adding Chapter 76 to read as follows:
15	15	CHAPTER 76. FEDERALLY QUALIFIED HEALTH CENTER PRIMARY CARE ACCESS
16	16	PROGRAM
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 76.001. PURPOSES. The purposes of this chapter are to:
19	19	(1) increase access to primary care services at
20	20	federally qualified health centers for low-income or at-risk
21	21	individuals;
22	22	(2) improve the health of the employees of
23	23	participating employers and their families by improving access to
24	24	health care;
25	25	(3) contribute to economic development by assisting
26	26	small businesses in remaining competitive through employment of a
27	27	healthy workforce and provision of health care benefits that
28	28	attract employees; and
29	29	(4) encourage innovative solutions for providing and
30	30	funding health care services and benefits for the employees.
31	31	Sec. 76.002. DEFINITIONS. In this chapter:
32	32	(1) "Department of insurance" means the Texas
33	33	Department of Insurance.
34	34	(2) "Employee" means an individual who is employed by
35	35	an employer for compensation. The term includes a partner of a
36	36	partnership and a proprietor of a sole proprietorship.
37	37	(3) "Federally qualified health center" has the
38	38	meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B).
39	39	(4) "Program" means a primary care access program a
40	40	federally qualified health center establishes and operates under
41	41	this chapter.
42	42	SUBCHAPTER B. PRIMARY CARE ACCESS PROGRAM
43	43	Sec. 76.051. ESTABLISHMENT AND OPERATION OF PROGRAM. (a) A
44	44	federally qualified health center may establish and operate a
45	45	primary care access program for the provision of primary care
46	46	services and benefits directly to the employees of participating
47	47	employers and their dependents within the service area of the
48	48	federally qualified health center, with the approval of or under a
49	49	contract with the department of insurance.
50	50	(b) A program operated under this chapter shall, within the
51	51	service area of the federally qualified health center and to the
52	52	extent practicable:
53	53	(1) reduce the number of individuals who lack access
54	54	to primary care services;
55	55	(2) reduce the cost of primary care services for small
56	56	business employers and their employees;
57	57	(3) promote preventative care and reduce the incidence
58	58	of preventable health conditions, such as heart disease, cancer,
59	59	diabetes, and low birth weight in infants;
60	60	(4) promote efficient and collaborative delivery of
61	61	primary care services;
62	62	(5) serve as a model for the innovative use of health
63	63	information technology; and
64	64	(6) provide fair payment rates for participating
65	65	health care providers.
66	66	(c) A program may require participating employees and their
67	67	dependents to obtain primary care services only from health care
68	68	providers at the federally qualified health center.
69	69	(d) A federally qualified health center that operates a
70	70	program under this subchapter is not subject to regulation by the
71	71	department of insurance as an insurer or health maintenance
72	72	organization.
73	73	Sec. 76.052. PARTICIPATION BY EMPLOYERS; SHARE OF COST.
74	74	(a) A federally qualified health center may establish program
75	75	participation criteria for employers, employees of the employer,
76	76	and the employees' dependents.
77	77	(b) A federally qualified health center may:
78	78	(1) require participating employers and their
79	79	employees to pay a share of the premium or other cost of the primary
80	80	care services;
81	81	(2) contract with a health foundation or other
82	82	nonprofit organization to support payment of the employer's or
83	83	employee's share under Subdivision (1); and
84	84	(3) screen employees and their dependents for
85	85	eligibility to enroll in other state programs and for federal
86	86	subsidies in the health insurance marketplace.
87	87	Sec. 76.053. FUNDING. (a) In addition to grants awarded
88	88	under Subchapter C, a federally qualified health center may accept
89	89	gifts, grants, or donations from any source to administer and
90	90	finance the program.
91	91	(b) A federally qualified health center shall actively
92	92	solicit gifts, grants, and donations to:
93	93	(1) fund primary care services and benefits provided
94	94	under the program; and
95	95	(2) reduce the cost of participation in the program
96	96	for employers and their employees.
97	97	SUBCHAPTER C. PRIMARY CARE ACCESS GRANT PROGRAM
98	98	Sec. 76.101. GRANT PROGRAM. (a) The department of
99	99	insurance, in collaboration with the commission, shall establish
100	100	and administer a grant program to award grants to federally
101	101	qualified health centers operating a program under this chapter.
102	102	(b) In awarding a grant under this section, the department
103	103	of insurance shall consider whether the program will accomplish the
104	104	purposes of this chapter and meet the objectives established under
105	105	Section 76.051(b).
106	106	(c) The department of insurance shall establish performance
107	107	objectives for a grant recipient and monitor whether the recipient
108	108	meets those objectives.
109	109	(d) In addition to money appropriated by the legislature,
110	110	the department of insurance may accept gifts, grants, or donations
111	111	from any source to administer and finance the grant program.
112	112	Sec. 76.102. REPORT. Not later than December 1 of each
113	113	even-numbered year, the department of insurance and the commission
114	114	shall jointly submit to the governor, the lieutenant governor, and
115	115	the speaker of the house of representatives a report:
116	116	(1) evaluating the success of the program in
117	117	accomplishing the purposes of this chapter; and
118	118	(2) recommending any legislative or other action
119	119	necessary to facilitate or improve the program.
120	120	SECTION 2. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2023.